Williams v. Robertson

The sole assignment of error brought forward, and debated in brief of plaintiff appellant, is based upon exception to the judgment as of nonsuit entered, upon renewal of motion, at close of all the evidence. G.S. 1-183.

In considering such motion, “the defendant’s evidence, unless favorable to the plaintiff, is not to be taken into consideration, except when not in conflict with plaintiff’s evidence, it may be used to explain or make clear that which has been offered by plaintiff,” Stacy, C. J., in Harrison v. R. R., 194 N.C. 656, 140 S.E. 598. See also Rice v. City of Lumberton, ante, 227,…